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Court of Appeal. Moreover, they filed an application for review of the Court of Appeal's
decision before the same Court. lt is thus their contention that "all available local
remedies were fully exhausted."
33.Citing the judgment of the Court in the matter of Alex Thomas v lJnited Repubtic of
Tanzania, the Applicants state that having seized the Court of Appeal, it would not
have been reasonable to require them to file a new human rights case at the High
Court, which is a lower court than the Court of Appeal.
34.The Court notes that pursuant to Rule 40 (5) of the Rules, an application filed before
the Court shall meet the requirement of exhaustion of local remedies. The rule of
exhaustion
of local remedies reinforces the primacy of domestic courts in the
protection of human rights rzrs-d-vis this Court and, as such, aims at providing States
the opportunity to deal with human rights violations occurring in their jurisd iction before
an international human rights body is called upon to determine the responsibility of the
States for such violations.3
35.1n its established jurisprudence, the Court has consistently held that an Applicant is
only required to exhaust ordinary judicial remedies.a Furthermore, in several cases
involving the Respondent State, the Court has repeatedly stated that the remedies of
constitutional petition and review in the Tanzanian judicial system are extraordinary
remedies that an Applicant is not required to exhaust prior to seizing this Court.s
36.|n the instant case, the Court observes from the record that the Applicants filed an
appeal against their conviction and sentence before the High Court which was
3Application No.006/2012. Judgment ot2610512017. African
Commission on Human and Peoples'Rights
v the Republic of Kenya, SS 93-94.
a Alex Thomas v Tanzania Judgment, 64. See also Application
No. 006/2013. Judgment of 1810312016
$
(merits), Wilfred Onyango Nganyi and 9 Others v. United Repubtic of Tanzania, g 95.
5 See A/ex Thomas v Tanzania (merits) (2015) 1 AfCLR 465,
op. cit. S 65; Mohaied Abubakari v Tanzania
(merits) (2016) 1 ArcLR 599 op. cit., gg 66-70; Chrtsfophor Jonas v Tanzania (Merits), g 44.
10